04 July 2024 Property/Real Estate Law >> Property & Real Estate  

Supreme Court has ruled in favor of allowing a long-standing property dispute to proceed with amended claims. The case involves Plaintiffs seeking to evict Defendants from a property they claim is rightfully theirs.

The lawsuit, filed in 1998, initially focused on evicting the Defendants based on the Plaintiffs' own need for the property. However, recent amendments added grounds for eviction, including accusations of unlawful subletting and non-user of the premises by the Defendants.

The Defendants contested the amended claims, arguing that the significant delay (26 years) and the multiple amendments made to the lawsuit (already eight) prejudiced their case. They cited previous court rulings that limit amendments to avoid causing unfairness and introducing claims that have become invalid due to time limitations.

The Court acknowledged the lengthy delay but found that blame fell on both parties. The Court also considered that rejecting the amended claims would force the Plaintiffs to file a new lawsuit, leading to unnecessary additional litigation.

Ultimately, the Court allowed the amended claims to proceed. However, it imposed a significant increase in costs on the Plaintiffs as a penalty for the delay and multiple amendments to the lawsuit.